The provision of your Photo Materials to Pandora is subject to the terms below and the Pandora Privacy Policy www.pandora.com/privacy (collectively, the "Agreement"). If you are not willing to be bound by the terms of the Agreement, do not submit your Photo Materials. This Agreement is a legal agreement concerning your Photo Materials between you, as either an individual or a single business entity ("you" or "your") and Pandora.

You hereby grant Pandora a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide license and right (but not the obligation) to use, archive, stream, copy, distribute, publicly perform, create derivative works of, transmit, and otherwise exploit, in whole or in part, your Photo Materials in any manner or medium now known or hereafter devised. This exploitation may include, without limitation, use of your Photo Materials to endorse Pandora or third-party products and services. Additionally, you further grant Pandora a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide license and right to exploit your name, likeness, personality, voice, and any other materials or information you submit to Pandora in connection with your Photo Materials.

You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Pandora for its use or exploitation of the Photo Materials as licensed herein, as well as any claims under "moral rights" or similar theories.

You agree that you will not receive any compensation for Pandora's exploitation of the Photo Materials and Pandora has no obligation to use any of your Photo Materials.

Other than as provided in this Agreement, you will retain ownership of all rights in your Photo Materials.

You represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the full right, power, and authority to enter into and fully perform the terms of this Agreement; (c) you are the sole human subject depicted in the Photo Materials; (d) you own or are authorized on behalf of all applicable rightsholders to submit the Photo Materials and make all the grants of rights in this Agreement; (e) your Photo Materials do not contain or link to any malicious code or content of any kind; (f) you have all the applicable rights and authority to grant Pandora the rights granted herein; (g) you agree to comply with all applicable laws, rules, and regulations, and the terms of this Agreement; and (h) your Photo Materials do not contain any material that is sexually explicit or obscene; promotes violence, discrimination, or illegal activities; or is offensive harassing, or threatening.

Pandora respects the intellectual property rights of others and expects our users to do the same. If you believe content available through the Pandora Service infringes your rights, you must submit a complaint through our Intellectual Property Policy.

In addition to the indemnification obligations contained in the Terms of Use, you agree to defend and indemnify and hold Pandora, its affiliates, subsidiaries, and sublicensees, and their respective officers, directors, and employees harmless from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your breach of this Agreement; (b) your infringement or violation of the rights of a third party, including without limitation any intellectual property rights, right of privacy, and rights of publicity; or (c) the content of your Photo Materials.

EXCEPT FOR ANY APPLICABLE LIABILITIES OR REMEDIES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS, IN NO EVENT WILL PANDORA BE LIABLE TO YOU FOR ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES EVEN IF PANDORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PANDORA OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

PANDORA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU TO PANDORA FOR THE PHOTO MATERIALS AT ISSUE.

Pandora does not grant any express or implied right to you under any Pandora-owned or licensed patents, copyrights, trademarks, or trade secret information.

This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of California, excluding its choice-of-law principles. Any dispute relating to this Agreement or the Photo Materials shall be submitted to binding arbitration in Oakland, California within twelve (12) months of the date from the facts giving rise to the suit were known, or should have been known, by the complainant, except that Pandora may seek injunctive or other relief if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.). Arbitration will be conducted by a single arbitrator under the then prevailing rules of the American Arbitration Association. Each party must submit any claim which would constitute a compulsory counterclaim in litigation or such claim will be barred. No award of exemplary, special, consequential or punitive damages will be permitted. Each party shall bear an equal share of arbitration fees. The arbitrator's award will be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. Arbitration will be conducted on an individual, not class-wide basis, and no arbitration will be joined with an arbitration involving any other person or entity.

Pandora may assign this Agreement or delegate any of its rights or obligations hereunder, or any part thereof, to any third party, including its successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part. This Agreement shall be binding upon and shall inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

This Agreement constitutes the complete and exclusive agreement between you and Pandora with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.